Injuries at Minnesota State Parks: Can You Sue the State?
When the property is owned by the government, however, you may be able to file a claim against the government in Minnesota. These claims are far more complex, as the government has immunity from lawsuits in several situations, and you must follow specific laws and procedural rules. We explain more about these cases and what to expect below.
Filing a claim against the government in Minnesota
It is often not possible to file a lawsuit against any state under the legal doctrine of sovereign immunity. Sovereign immunity protects the state from lawsuits, but certain exceptions do apply. Like every state, Minnesota has passed laws that allow individuals to hold the state government accountable in certain situations. The Minnesota Tort Claims Act allows the state to be held liable in certain circumstances for accidents on public property, unsafe conditions, and employee negligence, subject to statutory exceptions and limitations.
Under the Act, the state is liable for paying compensation to individuals injured by a state employee who acted negligently while performing their employment duties. In these situations, the state can be held liable if the employee’s negligence resulted in injury, property damage, or death.
What types of injury claims can you file against the government in Minnesota?
The instances in which you can file a claim against the state are narrow. The state is protected by many different types of sovereign immunity, including recreational use immunity. Recreational use immunity may still apply even if a fee is charged, unless the injury resulted from willful or malicious conduct by the state.
The law mainly covers acts of negligence. For example, if a state employee caused a car accident, anyone injured could file a claim against the state. Or, if there were trails or facilities in state parks that were improperly maintained, accident victims may be able to file a claim, depending on whether statutory immunities (such as recreational use or unimproved property immunity) apply.
However, the law also outlines several instances in which the government cannot be held liable for injuries. These include:
- In many cases involving natural accumulation of ice or snow, though exceptions may apply.
- Hazardous conditions on state-owned ‘unimproved real property.’
- Injuries sustained on a public logging road.
- Injuries caused by wild animals.
The above list is not exhaustive, and there are always exceptions to the exceptions. It is important to speak to a Minnesota personal injury lawyer who can review the facts of your case and determine if you have the right to file a claim against the state government.
The notice of claim requirement for injury claims against the state in Minnesota
One of the most important aspects of filing a claim against the state government in Minnesota is the notice of claim requirement. There is no specific form to complete when filing a notice of claim, but the notice must include the following information:
- The location, time, and circumstances surrounding the incident that caused injury and other harm.
- The name of any government agency or employee who caused the accident resulting in your injuries.
- The amount of damages you are pursuing.
If you are filing a claim for compensation based on injuries or property damage, you must file your notice of claim generally within 180 days of the injury for claims against the state, as required under Minnesota law. If you are filing a claim against the government for wrongful death, the personal representative of the deceased’s estate or a family member who qualifies must file a notice of claim within one year from the date of the death, typically by a court-appointed trustee acting on behalf of the next of kin.
If the government requires more information, such as the nature and extent of your injuries, they will request it. However, failing to include all of the necessary information can result in unnecessary delays. It is important to contact a personal injury lawyer in Minnesota who can help you avoid these delays.
You can file your notice of claim with the appropriate state agency and/or the Attorney General’s office. If the government has provided you with a form you are using, there will be instructions on it regarding how and where to submit it.
What happens after filing a notice of claim?
The notice of claim informs the government of a potential claim and is a required step before filing a lawsuit. The notice also provides the government with the opportunity to investigate the accident and the merit of the claim.
After the government receives your notice of claim, it will review it and determine whether to offer you a settlement. If the government rejects the notice and your claim, the next step is to file a lawsuit in court to claim the compensation you need for your injuries. In these cases, the applicable Minnesota statute of limitations for the specific type of claim will apply, subject to the requirements of the Tort Claims Act.
The time you have to file your claim will depend on the type you are filing. For example, if you are filing a wrongful death claim against the government, the time limit is different from a claim based on personal injury. It is important to speak to a personal injury lawyer who can advise on the time limit for your claim.
Damages caps on claims against the government
Another important aspect of filing a claim against the government is the cap on the amount of damages you can receive. The Minnesota Statutes outline the caps on damages when filing a claim against the government, which are set by statute and may be updated by the legislature. It is important to speak to a personal injury lawyer who can advise on the amount of damages you can pursue.
Call our personal injury lawyers in Minnesota for help with your case
Personal injury claims are always complex, but they are even more complicated when the negligent party is a government agency or employee. At Bradshaw & Bryant, PLLC, our Minnesota personal injury lawyers can guide you through the process, ensure you meet all requirements, and help you pursue full damages. Call us today or contact us online to schedule a consultation and to get the legal advice you need.